California Family Code 274 – (a) Notwithstanding any other provision of law, if the injured …
(a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy authorized pursuant to Section 4324, the injured spouse shall be entitled to an award of reasonable attorney’s fees and costs as a sanction pursuant to this section.
(b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.
Terms Used In California Family Code 274
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Property: includes real and personal property and any interest therein. See California Family Code 113
- Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
(c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.
(Amended by Stats. 2006, Ch. 538, Sec. 156. Effective January 1, 2007.)